SONIBAI NATHU KUWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner filed Original Application No. 1 of 2003 before the Maharashtra Administrative Tribunal, Aurangabad, challenging a transfer order from Bopkhel to Sukrapur.

(2.) The petitioner contended that she was the victim of sexual harassment by the Head Master, one Primary Teacher and Watchman of the Ashram School, where she was working. The petitioner complained to the superiors in respect of the same in April, 2002, and the petitioner proceeded on medical leave in the month of July, 2002. Despite the petitioner's complaints, the superior authorities did not take any cognizance of the complaints preferred by the petitioner. She ultimately lodged a complaint with the police station on 18th September, 2002. On the basis of the complaint lodged by the petitioner, an offence punishable under section 354 of the Indian Penal Code and section 10 (3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and Crime No. 60 of 2002 were registered by the police authorities. The petitioner was being pressurised by her superior officers for withdrawal of the said complaint. The petitioner, however, did not succumb to the pressure and the police authorities have now filed a charge sheet in the said crime against three persons. The petitioner contended that when the petitioner was subjected to sexual harassment, instead of transferring them, the petitioner has been victimised by ordering her transfer.

(3.) When the matter came up before the Tribunal on 13th January, 2003, the tribunal was pleased to grant status quo.